The Twenty-four (24) Labor Court of the Bogotá DC Circuit resolved the Tutela action filed by Alfonso Vanegas Duque and Fernando Ojeda against the Dimayor and the Colombian Football Federation for the alleged violation of the fundamental rights to equality, non-discrimination on the basis of sex and the right to work of women professional Colombian soccer players.
Vanegas and Ojeda stated that the National Women’s Soccer Championship for the second half of 2022 will not take place, as well as that it is in suspense for the year 2023, no doubt due to the dark interests of some leaders, coupled with machismo, misogyny and unequal treatment for national athletes.
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They warn that the Ministry of Sport limited itself to having a meager item for
women’s soccer, that its management is completely null in terms of promotion and
development for the benefit of women; likewise, They argue that the Ministry of Labor does not
fulfills its role as guarantor of the labor rights of women soccer players in Colombia.
That is why they asked the Court to protect the fundamental rights of women to work and equality for reasons of sex and gender.
The answers
“Regarding the procedure of this protection action, it indicates that there is a lack of legitimacy in the case due to active and informal agency, because the actors acted on behalf of other people, without accrediting that quality in accordance with the provisions of article 10 of Decree 2591 of 1991, therefore, they request the Court to declare the present protection action inadmissible, “says the court.
And he added: “From the review of the response provided by DIMAYOR, it is evident
that on folio 62 there is a copy of the judgment issued on July 18, 2022 by the Court Tenth Criminal of the Circuit with Knowledge Function of Medellín, with file No.05001-31-09-010-2022-00094-00, in which Mr. Fray de Jesús Muñoz Zapata appears as plaintiff and defendants: Colombian Football Federation,
Secretariat of Sport, DIMAYOR, Ministry of Sport, Ministry of Culture and
Recreation, Mayor’s Office of Medellín, Government of Antioquia and Presidency of the
Republic, opportunity it was decided to declare the Tutela Action inadmissible for not
having accredited the legitimacy in the active cause”.
Fedefútbol stated that the actor in his writ of guardianship does not make a clear account of the facts regarding which the presumed violation of the fundamental rights invoked could be alleged, but rather makes personal assessments, noting that on this occasion, there is a lack of legitimacy in the active cause with respect to the actors, for which he considers there is an absence of violation of the deprecated rights by the Colombian Football Federation, consequently, it requests the Court to refrain from issuing any order of any kind against its client.
And the Ministry of Labor issued a reply through the Adviser of
the Legal Advisory Office, requesting to declare the guardianship action inadmissible by
lack of legitimacy in the passive cause with respect to that Ministry, consequently, he is exonerated from any responsibility imputed to him, since from the facts and claims of the tutelary writ, it is inferred that his client has not violated the rights deprecated by the actors, so it considers that this entity is not responsible for the alleged impairment of the alleged fundamental rights.
The court declared the petition for tutelage inadmissible. “If this decision is not challenged, the file is forwarded to the H. Constitutional Court for eventual review, in accordance with the provisions of article 32 of Decree 2591 of 1991”; sentenced.
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Sports
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